LTB 519/19 - Average Pay on Annual Leave - Royal Mail Group (Holiday Pay) (Taking further leave since the claim was initially instigated )

Further to LTB 421/19, it is evident that a great deal of work is taking place in Branches to maximise the number of holiday pay claims that members are registering with ACAS.

In order to assist Branches in maintaining this momentum, the attached poster has been produced. The poster should be circulated to as many Representatives and members as possible and displayed on CWU noticeboards in all units/offices.

The Department are still in dialogue with the business concerning a collective national agreement and are currently in the process of arranging further meetings.

It has however come to our attention that some members may be losing out in terms of the settlement figure they are due as they may have taken additional annual leave between lodging the ACAS claim and agreeing the draft COT 3 terms. Paragraph two of the COT3 form indeed states “The respondent agrees to pay the claimant £×××× in respect of ALL periods of annual leave taken up to the date of this agreement”.

Branches are therefore advised that prior to a member agreeing draft terms and then signing the COT3 settlement, they should be asked if they have taken additional leave since the ACAS process was instigated.

If this is the case and a member has taken further leave since the claim was initially instigated (as part of their first 20 days) ACAS must be advised accordingly and asked for a recalculation to be completed to include the latest period(s) of annual leave. This will therefore ensure that members are not disadvantaged.

In closing, I would like to thank Branches for your continued efforts in processing these claims that continue to grow on a daily basis. The Postal Executive remains committed to concluding an acceptable collective national agreement and your work is helping to achieve this aim.

Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.